95-29253. Cymoxanil, Propamocarb Hydrochloride and Dimethomorph; Receipt of Applications for Emergency Exemptions, Solicitation of Public Comment  

  • [Federal Register Volume 60, Number 234 (Wednesday, December 6, 1995)]
    [Notices]
    [Pages 62443-62444]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 95-29253]
    
    
    
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    ENVIRONMENTAL PROTECTION AGENCY
    [OPP-180984; FRL 4988-3]
    
    
    Cymoxanil, Propamocarb Hydrochloride and Dimethomorph; Receipt of 
    Applications for Emergency Exemptions, Solicitation of Public Comment
    
    AGENCY: Environmental Protection Agency (EPA).
    
    ACTION: Notice.
    
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    SUMMARY: EPA has received specific exemption requests from the Florida 
    Department of Agriculture and Consumer Services (hereafter referred to 
    as the ``Applicant'') to use the pesticides cymoxanil (CAS 57966-95-7), 
    propamocarb hydrochloride (CAS 25606-41-1) and dimethomorph (CAS 
    110488-70-5) to treat potentially up to 50,000 acres of tomatoes to 
    control immigrant strains of late blight which are resistant to 
    historically used control materials. The Applicant proposes the use of 
    either new (unregistered) chemicals or the first food use of an active 
    ingredient therefore, in accordance with 40 CFR 166.24, EPA is 
    soliciting public comment before making the decision whether or not to 
    grant the exemptions.
    
    DATES: Comments must be received on or before December 20, 1995.
    
    ADDRESSES: Three copies of written comments, bearing the identification 
    notation ``OPP-180984,'' should be submitted by mail to: Public 
    Response and Program Resource Branch, Field Operations Division 
    (7506C), Office of Pesticide Programs, Environmental Protection Agency, 
    401 M St., SW, Washington, DC 20460. In person, bring comments to: Rm. 
    1132, Crystal Mall #2, 1921 Jefferson Davis Highway, Arlington, VA.
        Comments and data may also be submitted electronically by sending 
    electronic mail (e-mail) to: opp-docket@epamail.epa.gov. Electronic 
    comments must be submitted as an ASCII file avoiding the use of special 
    characters and any form of encryption. Comments and data will also be 
    accepted on disks in WordPerfect in 5.1 file format or ASCII file 
    format. All comments and data in electronic form must be identified by 
    the docket number [OPP-180984]. No Confidential Business Information 
    (CBI) should be submitted through e-mail. Electronic comments on this 
    notice may be filed online at many Federal Depository Libraries. 
    Additional information on electronic submissions can be found below in 
    this document.
        Information submitted in any comment concerning this notice may be 
    claimed confidential by marking any part or all of that information as 
    (CBI). Information so marked will not be disclosed except in accordance 
    with procedures set forth in 40 CFR part 2. A copy of the comment that 
    does not contain (CBI) must be provided by the submitter for inclusion 
    in the public record. Information not marked confidential may be 
    disclosed publicly by EPA without prior notice. All written comments 
    filed pursuant to this notice will be available for public inspection 
    in Rm. 1132, Crystal Mall No. 2, 1921 Jefferson Davis Highway, 
    Arlington, VA, from 8 a.m. to 4:30 p.m., Monday through Friday, except 
    legal holidays.
    
    FOR FURTHER INFORMATION CONTACT: By mail: Libby Pemberton, Registration 
    Division (7505W), Office of Pesticide Programs, Environmental 
    Protection Agency, 401 M St., SW., Washington, DC 20460. Office 
    location and telephone number: Floor 6, Crystal Station #1, 2800 
    Jefferson Davis Highway, 
    
    [[Page 62444]]
    Arlington, VA, (703) 308-8326; e-mail: pemberton.libby@epamail.epa.gov.
    
    SUPPLEMENTARY INFORMATION: Pursuant to Section 18 of the Federal 
    Insecticide, Fungicide, and Rodenticide Act (FIFRA) (7 U.S.C. 136p), 
    the Administrator may, at her discretion, exempt a state agency from 
    any registration provision of FIFRA if she determines that emergency 
    conditions exist which require such exemption. The Applicant has 
    requested the Administrator to issue specific exemptions for the use of 
    cymoxanil, propamocarb hydrochloride, and/or dimethomorph on tomatoes 
    to control late blight. Information in accordance with 40 CFR part 166 
    was submitted as part of this request.
        Recent failures to control late blight in tomatoes as well as 
    potatoes with the registered fungicides, have been caused almost 
    exclusively by immigrant strains of late blight Phytophthora infestans, 
    which are resistant to the control of choice, metalaxyl. Before the 
    immigrant strains of late blight arrived, all of the strains in the 
    U.S. were previously controlled by treatment with metalaxyl. The 
    Applicant states that presently, there are no fungicides registered in 
    the U.S. that will provide adequate control of the immigrant strains of 
    late blight. The Applicant states that each of these requested 
    chemicals has been shown to be effective against these strains of late 
    blight. Each active ingredient holds current registrations throughout 
    many European countries for control of this disease. The Applicant 
    indicates that at least a 30 percent yield reduction is expected based 
    on the current infestation. Net revenues are expected to be reduced by 
    over $12 million for the affected acreage without the use of these 
    requested chemicals.
        The Applicant proposes to apply propamocarb hydrochloride, 
    manufactured by AgrEvo USA Company, as Tattoo C, at a maximum rate of 
    0.9 lbs. active ingredient (2.3 pt of product) per acre by ground or 
    air, with a maximum of 5 applications per season. A 7-day PHI will be 
    observed. Use under this exemption could potentially amount to a 
    maximum 225,000 lb. of propamocarb hydrochloride.
        The Applicant proposes to apply cymoxanil, manufactured by E.I. du 
    Pont de Nemours and Company, as Curzate M-8, and as Manex C-8, 
    manufactured by Griffin Corporation, at a maximum rate of 0.1 lbs. 
    active ingredient (1.25 lb. of product) per acre, by ground or air, 
    with a maximum of 7 applications per season and a 5-day PHI. Use under 
    this exemption could potentially amount to a maximum 40,000 lb. of 
    cymoxanil.
        The Applicant proposes to apply dimethomorph at a maximum rate of 
    0.2 lbs. active ingredient (2.25 lb. of product) per acre, by ground or 
    air, with a maximum of 5 applications per season and a 5-day PHI. Use 
    under this exemption could potentially amount to a maximum 50,000 lbs 
    of dimethomorph.
        This notice does not constitute a decision by EPA on the 
    applications. The regulations governing section 18 require publication 
    of a notice of receipt of an application for a specific exemption 
    proposing use of a new chemical (i.e., an active ingredient not 
    contained in any currently registered pesticide) or the first food use 
    of an active ingredient. Such notice provides for opportunity for 
    public comment on the application. Accordingly, interested persons may 
    submit written views on this subject to the Field Operations Division 
    at the address above.
         A record has been established for this notice under docket number 
    [OPP-180984] (including comments and data submitted electronically as 
    described below). A public version of this record, including printed, 
    paper versions of electronic comments, which does not include any 
    information claimed as CBI, is available for inspection from 8 a.m. to 
    4:30 p.m., Monday through Friday, excluding legal holidays. The public 
    record is located in Room 1132 of the Public Response and Program 
    Resources Branch, Field Operations Division (7506C), Office of 
    Pesticide Programs, Environmental Protection Agency, Crystal Mall #2, 
    1921 Jefferson Davis Highway, Arlington, VA.
        Electronic comments can be sent directly to EPA at:
        opp-docket@epamail.epa.gov
    
    
        Electronic comments must be submitted as an ASCII file avoiding the 
    use of special characters and any form of encryption.
        The official record for this notice, as well as the public version, 
    as described above will be kept in paper form. Accordingly, EPA will 
    transfer all comments received electronically into printed, paper form 
    as they are received and will place the paper copies in the official 
    record which will also include all comments submitted directly in 
    writing. The official record is the paper record maintained at the 
    address in ``ADDRESSES'' at the beginning of this document.
        The Agency, accordingly, will review and consider all comments 
    received during the comment period in determining whether to issue the 
    emergency exemptions requested by the Florida Department of Agriculture 
    and Consumer services.
    
    List of Subjects
    
        Environmental protection, Pesticides and pests, Crisis exemptions.
    
        Dated: November 8, 1995.
    
    Stephen L. Johnson,
    Director, Registration Division, Office of Pesticide Programs.
    
    [FR Doc. 95-29253 Filed 12-5-95; 8:45 am]
    BILLING CODE 6560-50-F
    
    

Document Information

Published:
12/06/1995
Department:
Environmental Protection Agency
Entry Type:
Notice
Action:
Notice.
Document Number:
95-29253
Dates:
Comments must be received on or before December 20, 1995.
Pages:
62443-62444 (2 pages)
Docket Numbers:
OPP-180984, FRL 4988-3
PDF File:
95-29253.pdf